A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

From December 1, 2012, the Defendant became aware of the victim E, who is a workplace, while working in the “C ( currently mutually “D”) located in G ( currently “D”).

1. The Defendant, at the office of the foregoing company around September 2016, requested a victim to obtain a loan and guarantee by requiring a deposit money for lease on a deposit basis. It would be resolved within two to three months after receiving the loan.

“A false representation was made.”

However, the defendant had already been in a situation where it was not necessary to prepare a security deposit, and was thought to consume the money received from the victim as living expenses, etc.

On September 22 to 23, 2016, the Defendant, by deceiving the victim, caused the victim to obtain financial benefits equivalent to the profits of the joint and several sureties by having the victim obtain joint and several sureties for the loans to six lending companies (F, G, H, I, J, and K) each of KRW 8 million, total of KRW 48 million.

2. The Defendant, at the foregoing office around December 2016, will take a loan to the maximum extent possible, delete the records of the guarantee and repay the loan to the victim as soon as possible.

“A false representation was made.”

However, the defendant did not have any intent or ability to repay the debt even if he received money from the injured party for about KRW 400 million.

On December 26, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 50 million to the new bank account (L) with the Defendant’s name around December 26, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Inquiries about account transactions;

1. A report on investigation (in cases of attaching a certificate of confirmation of the transfer of damaged money), and a certificate of transfer confirmation;

1. Investigation report, and credit information inquiry data;

1. Investigation report (investigation into a damaged place of business), copy of lease agreement, investigation report (the details of payment of a check and attachment of copies thereof), details of payment of a check, and application of Acts and subordinate statutes;

1. Article 347 of the Criminal Act concerning criminal facts and Article 347 (1) of the same Act concerning the selection of punishment;